Court expert Jeremy Harbinson will be allowed to testify remotely in criminal proceedings related to the Vitals hospitals concession.
In a decree issued on Monday, Magistrate Rachel Montebello approved a prosecution request to file a "letter rogatory" to UK authorities for Harbinson to testify in the case.
The court also ruled data retrieved from former prime minister Joseph Muscat's phone will not be made public during proceedings.
A forensic accountant, Harbinson was appointed as a court expert by Magistrate Gabriella Vella, who presided over the Vitals inquiry. Harbinson oversaw a team of 30 experts who produced a voluminous report based on the analysis of company documents, bank transactions and electronic exchanges.
The 1,200-page report was key evidence on which the inquiring magistrate reached her conclusions. The conclusions led to the indictment of former prime minister Joseph Muscat, former ministers Chris Fearne and Konrad Mizzi, former chief of staff Keith Schembri and others over the deal.
During proceedings, the defence has so far been denied the opportunity to question Harbinson. He has denied court requests to testify in proceedings.
In an affidavit submitted to the judge by email last month, Harbinson said he will "never return to Malta" out of safety concerns. He did not specify what these safety concerns are.
Harbinson also insisted the report he was entrusted to draw up made no mention of criminal charges or freezing orders. He said it was not to be shared with third parties without due permission and was not intended to be used for prosecution purposes.
Defence lawyers assisting individuals facing charges related to the Vitals hospital deal requested the court not to consider the report prepared by the court-appointed expert. The request has been denied.
On Monday, defence lawyers were given four days to draw up additional requests over Harbinson's testimony.
Former PM's phone data will remain private
In a separate decree, Magistrate Montebello ruled data retrieved from former PM Joseph Muscat's personal mobile phone will remain private during proceedings.
Montebello stated the public interest in open justice must be balanced with an individual's right to a fair trial and the right to privacy. While accurate and impartial reporting of court proceedings is legitimate, the publication of evidentiary material in the media or on social platforms is not.
The magistrate ruled that information extracted from Muscat's devices must not be made public, warning that any breach of this order would be considered contempt of court and dealt with accordingly.
Muscat's phone was seized during a raid at his Burmarrad home on 19 January 2022 as part of the corruption probe into the Vitals Global Healthcare hospitals deal. Financial crime investigators entered Muscat's house at around 7:28am and spent at least three hours on the property, seizing his mobile phone and other electronic equipment, along with those of his wife Michelle Muscat and their two daughters.
Last month, a court expert testifying during criminal proceedings said Muscat wiped data from his mobile phone ahead of the police raid.
Court expert Keith Cutajar testified the former Labour leader twice ran Google searches on how to "erase or delete" Whatsapp backup chats.